Mineral Resources Development Amendment Act 2013
An Act to amend the Mineral Resources Development Act 1995
[Royal Assent 28 June 2013]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Mineral Resources Development Amendment Act 2013 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Mineral Resources Development Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of Agency : annual report guidelines means guidelines issued under section 204A for the preparation of annual reports by licensees or lessees; (b) by omitting "and oil shale" from the definition of Category 2 mineral and substituting ", oil shale and coal seam gas"; (c) by inserting the following definition after the definition of Category 6 mineral : coal seam gas means the gas known as coal bed methane and includes any naturally occurring hydrocarbon, or mixture of hydrocarbons, that is within a deposit of coal or oil shale; (d) by inserting the following definition after the definition of Crown licensee : development plan, in relation to a geothermal production licence, means a plan of development that is approved in relation to the licence; (e) by inserting the following definition after the definition of Director : environment means components of the earth, including – (a) land, air and water; and (b) any organic matter and inorganic matter and any living organism; and (c) human-made or human-modified structures and areas – and includes interacting natural ecosystems that include components referred to in paragraphs (a) , (b) and (c) ; (f) by inserting "for the purposes of this paragraph" after "approved" in paragraph (f) of the definition of explore ; (g) by inserting the following definition after the definition of explore : field development plan, in relation to a petroleum production licence, means a plan of field development that is approved in relation to the licence; (h) by inserting the following definitions after the definition of Geoscientific Trust Fund : geothermal energy means thermal energy that was contained in subsurface rock or other subterranean substances; geothermal production licence means a geothermal production licence in force under Part 3A ; geothermal reservoir means part of a geological structure, including such a structure that has been modified by human activity, which part is suitable for the transmission of a geothermal substance; geothermal resource, in relation to a geothermal production licence, means the amount, determined in accordance with an approved method by the person who holds or has applied for the licence, of geothermal energy that may be produced from geothermal substances within the area of land to which the licence relates or is to relate; (i) by inserting the following definition after the definition of geothermal substance : group prospecting licence means a group prospecting licence in force under Part 5 ; (j) by inserting the following paragraph after paragraph (a) in the definition of licence : (ab) in Part 2A , a special exploration licence in force under that Part; and (k) by inserting the following paragraph after paragraph (b) in the definition of licence : (ba) in Part 3A , a production licence in force under that Part; and (l) by inserting "and a group prospecting licence," after "licence" in paragraph (c) of the definition of licence ; (m) by omitting "other" second occurring from paragraph (d) of the definition of licence ; (n) by omitting "or retention licence" from the definition of licence area and substituting ", a special exploration licence, a production licence or a retention licence"; (o) by inserting the following paragraph after paragraph (a) in the definition of licensee : (ab) in Part 2A , the holder of a special exploration licence; and (p) by inserting the following paragraph after paragraph (b) in the definition of licensee : (ba) in Part 3A , the holder of a production licence; and (q) by inserting "or group prospecting licence" after "licence" in paragraph (c) of the definition of licensee ; (r) by omitting "other" second occurring from paragraph (d) of the definition of licensee ; (s) by inserting "petroleum," after "gas," in the definition of mineral ; (t) by inserting the following definition after the definition of mineral : Mineral Exploration Code of Practice means the Code of practice of that name approved from time to time under section 204 ; (u) by inserting "or a group prospecting licence" after "prospecting licence" in the definition of mineral tenement ; (v) by inserting "or another lease area" after "area" in paragraph (b) of the definition of mining operations ; (w) by omitting "mining;" from paragraph (c) of the definition of mining operations and substituting "mining –"; (x) by inserting the following after paragraph (c) in the definition of mining operations :and includes production activities in relation to a Category 4 mineral or a Category 6 mineral; (y) by inserting the following definition after the definition of mining operations : mining plan, in relation to a lease or an application for a lease, means a plan that sets out information required by the Director including, but not limited to including, the following: (a) the name of the minerals, or category of minerals, to which the lease or application relates; (b) the site plan, which is to include – (i) the means by which access to the area of land comprised in the lease is to be obtained; and (ii) the infrastructure proposed to be situated on the area of land comprised in the lease; and (iii) surface hydrology for the area of land comprised in the lease; and (iv) other matters related to activities under the lease; (c) the proposals for treatment of, transport of, handling of, and storage of, waste from – (i) minerals obtained under the lease; or (ii) the substances from which minerals are to be obtained under the lease; (d) the requirements for water to be used in mining operations under the lease; (e) the proposed stages of development under the lease and of any proposed rehabilitation of land in the area of land comprised in the lease; (f) the provision to be made in relation to closure of the mine on the lease area after mining under the lease ceases; (g) a description of the potential geological and environmental risks associated with mining operations under the lease; (z) by inserting "and" after "hydrogen;" in paragraph (b) of the definition of oil ; (za) by inserting the following paragraph after paragraph (b) in the definition of oil : (c) coal seam gas; (zb) by omitting "gas;" from paragraph (b) of the definition of petroleum and substituting "gas –"; (zc) by inserting the following after paragraph (b) in the definition of petroleum :but does not include coal seam gas; (zd) by inserting the following definitions after the definition of petroleum : petroleum production licence means a petroleum production licence in force under Part 3A ; petroleum reservoir means part of a geological structure (including such a structure that has been modified by human activity) – (a) in which gas or petroleum has accumulated; and (b) that is suitable for the storage and transmission of gas or petroleum; petroleum resource, in relation to a petroleum production licence, means an amount, determined in an approved manner by the person who holds or has applied for the licence, of petroleum contained in a petroleum reservoir to which the licence relates or is to relate; plan of development, in relation to an application for a geothermal production licence, means a plan that sets out information required by the Director in relation to – (a) the geothermal resource to which the licence is to relate; and (b) how access to geothermal substances is to be obtained under the licence; and (c) how geothermal energy that is produced under the licence is to be used; and (d) how geothermal resources are to be managed under the licence; and (e) how geothermal reservoirs are to be managed under the licence; and (f) any other matter the Director thinks fit; plan of field development, in relation to an application for a petroleum production licence, means a plan that sets out information required by the Director in relation to – (a) the petroleum resources to which the licence is to relate; and (b) how access to the petroleum resources is to be obtained under the licence; and (c) how the petroleum resources are to be managed under the licence; and (d) how petroleum reservoirs are to be managed under the licence; and (e) any other matter, in relation to production activities under the licence, that the Director thinks fit; (ze) by inserting the following definitions after the definition of private land : produced – (a) in relation to geothermal energy – see section 3A(2) ; and (b) in relation to petroleum – see section 3B(4) ; production activities – see section 3B ; production licence means a petroleum production licence or a geothermal production licence; (zf) by inserting "prospecting" after "a" in the definition of prospecting licence ; (zg) by omitting the definition of special exploration licence and substituting the following definition: special exploration licence means a licence in force under Part 2A ; 5Sections 3A and 3B insertedAfter section 3 of the Principal Act , the following sections are inserted in Part 1: 3AMeaning of obtaining minerals, and produced, in relation to geothermal energy (1) A reference in this Act to obtaining minerals includes a reference to producing geothermal energy. (2) For the purposes of this Act, geothermal energy is produced when the energy reaches the surface of the earth as a result of production activities. 3BMeaning of production and of production activities (1) In this Act, production activities, in relation to a Category 4 mineral, means – (a) the carrying out of an activity to release, or recover, petroleum from a petroleum reservoir in which it is contained and the execution of the works necessary to carry out that activity; and (b) the injection of petroleum, carbon dioxide, water or some other product into a petroleum reservoir; and (c) any other kind of activity that is prescribed by the regulations to be a production activity in relation to a Category 4 mineral. (2) In this Act, production activities, in relation to a Category 6 mineral, means – (a) the carrying out of an activity to produce geothermal energy relating to the mineral and the carrying out of the activities, and the execution of the works, necessary for that purpose; and (b) the injection of water, or another substance, into a geothermal reservoir; and (c) any other kind of activity that is prescribed by the regulations to be a production activity in relation to a Category 6 mineral. (3) In this Act, production activities, in relation to a Category 4 mineral or a Category 6 mineral, does not include producing petroleum or geothermal energy as a by-product of mining operations for the purpose of obtaining any other mineral. (4) For the purposes of this Act, a Category 4 mineral is produced when it reaches the surface of the earth. 6Section 5 amended (Application of Act) Section 5(5) of the Principal Act is amended by inserting "or a special exploration licence" after "exploration licence". 7Section 6 amended (Ownership of minerals and substances) Section 6 of the Principal Act is amended as follows: (a) by inserting in subsection (4) "geothermal substance, petroleum," after "helium,"; (b) by inserting the following subsection after subsection (5) : (6) Subsection (5) does not affect the operation of subsection (3) . 8Section 11 amended (Application for exploration licence) Section 11 of the Principal Act is amended as follows: (a) by inserting in subsection (2)(b) ", or category of minerals," after "minerals"; (b) by inserting in subsection (2)(c)(i) "on activities under the licence sought" after "out"; (c) by inserting in subsection (2)(c)(iv) "on activities under the licence" after "expenditure"; (d) by inserting in subsection (2)(c)(v) "of activities under the licence" after "environment"; (e) by omitting subsections (4) and (5) and substituting the following subsections: (4) The holder of a special exploration licence may only apply for a licence in relation to an area of land that is, in whole or in part, specified in the special exploration licence, if – (a) the application is in relation to a mineral, or a category of minerals, to which that special exploration licence relates; and (b) the area of land does not exceed the area of land specified in section 21(1) in respect of the mineral or the category of minerals. (5) If a relevant licence, within the meaning of section 161E(1) , ceases to be in force in relation to an area of land, a person may not, until a date specified by the Director, in accordance with section 161E(2)(c) , in a notice under section 161E(2) in relation to the licence, apply for a licence that is to relate to both – (a) all or part of the area of land that is specified in the notice; and (b) a mineral, or the category of minerals, specified in the notice. 9Section 12 amended (Priority of applications) Section 12 of the Principal Act is amended by omitting subsection (1A) and substituting the following subsection: (1A) If a notice has been published under section 161E in relation to an exploration licence or retention licence, applications – (a) for a licence that is to relate to both – (i) all or part of the area of land that is specified in the notice; and (ii) a mineral, or the category of minerals, specified in the notice; and (b) that are received up to and including 4 working days after the date specified in the notice – are to be taken to be received on the same day. 10Section 13 amended (Pending application) Section 13(2) of the Principal Act is amended as follows: (a) by inserting in paragraph (a) "or withdrawn" after "determined"; (b) by inserting in paragraph (b)(ii) ", in the opinion of the Director," after "is". 11Section 14 amended (Recommendation of application for exploration licence) Section 14 of the Principal Act is amended by omitting subsection (4) . 12Section 15A insertedAfter section 15 of the Principal Act , the following section is inserted in Division 1: 15AAlteration of application, &c., before notice published (1) A person who has applied for a licence may, by notice to the Director, alter – (a) the application for the licence; or (b) the statement accompanying, in accordance with section 11(2)(c) , the application for the licence. (2) The alterations to an application for a licence that may be specified in a notice under subsection (1) include, but are not limited to including, alterations of – (a) the minerals, or the category of minerals, in respect of which the application is made; and (b) the area of land in respect of which the licence is sought. (3) A notice may only be given to the Director under subsection (1) before notice of the application is published under section 14(2)(b) , including publication of such a notice in accordance with section 17(2)(a) . (4) An application altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 11 . 13Section 16 substituted Section 16 of the Principal Act is repealed and the following section is substituted: 16Alteration of application after objection (1) If the Mining Tribunal upholds an objection relating to any part of the land in respect of which an application for a licence is made, it may allow the applicant to alter the application by excluding that part. (2) An application for a licence altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 11 . 14Section 17 amended (Granting application for exploration licence) Section 17(2)(b) of the Principal Act is amended by inserting "in respect of which the licence is sought" after "land". 15Section 17A insertedAfter section 17 of the Principal Act , the following section is inserted in Division 1: 17AWhen application for licence may be granted or refused (1) The Minister may only grant an application for a licence if the Minister is satisfied that the applicant – (a) intends to do work for the purposes of the licence; and (b) intends to comply with this Act; and (c) has an appropriate program of work; and (d) has provided sufficient information relating to the likely impact on the environment of activities under the licence; and (e) has provided a security deposit. (2) The Minister may only grant an application for a licence if the Minister is satisfied that the applicant – (a) has – (i) sufficient technical and financial resources; or (ii) obtained an agreement, contract, or other arrangement, with another person to ensure the provision of sufficient technical and financial resources – to enable the carrying out of the program of work in relation to the application for the first 2 years after the application is granted; and (b) is likely to have sufficient technical and financial resources to enable the carrying out of the program of work for the remainder of the period of the licence after the first 2 years after the application is granted. (3) The Minister may refuse to grant an application for a licence by an applicant if the Minister is of the opinion that the application ought to be refused because – (a) of significant, or repeated, breaches of this Act or the regulations by – (i) the applicant; or (ii) a person, authorised or employed by the applicant, who committed the breach, or breaches, in relation to activities under a licence of any kind, or a lease, of the applicant; or (b) the applicant has failed to comply with the conditions subject to which an application under this Act by the applicant for a licence of any kind, or a lease, was granted; or (c) the applicant has failed to substantially carry out as much of a work program, development plan, field development plan, or mining plan, in relation to a licence of any kind, or a lease, of the applicant, as ought reasonably be expected to have been carried out at the time the application is made. 16Section 18 amended (Conditions of exploration licence) Section 18 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (2) : (2A) Without limiting the generality of subsection (1), the conditions that may be imposed include – (a) a condition as to the minimum amount of money that is to be expended – (i) during the period in which the licence is in force; or (ii) during one or more periods, in which the licence is in force, specified in the licence – or both, for the purposes of, or in relation to, exploration under the licence; and (b) a condition requiring the completion of work programs in relation to the licence – (i) during the period in which the licence is in force; or (ii) during one or more periods, in which the licence is in force, specified in the licence – or both, for the purposes of, or in relation to, exploration under the licence. (b) by omitting from subsection (3) "any condition" and substituting "the conditions"; (c) by omitting from subsection (4) "any condition" and substituting "the conditions"; (d) by omitting from subsection (4)(a) "condition" and substituting "conditions"; (e) by omitting from subsection (5) "the condition" and substituting "the conditions of a licence"; (f) by omitting from subsection (6) "a condition" and substituting "the conditions". 17Section 19 substituted Section 19 of the Principal Act is repealed and the following section is substituted: 19Restriction on exploration in relation to private land The holder of a licence, a person authorised by the holder of a licence, and a person acting under a contract of service, or a contract for services, with the holder of a licence, must not explore on private land within 100 metres of – (a) the surface of any natural lake, artificial lake, dam, reservoir, water-producing well, or artificial pond, part or all of which is on the land; or (b) any dwelling, or substantial building, on the land – unless the holder of the licence has the consent of the owner and of the occupier of the land to do so.Penalty: Fine not exceeding 100 penalty units.
18Section 20 amended (Exploration licence) Section 20 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "and on payment of the prescribed fee"; (b) by omitting from subsection (2)(b)(i) "over which it is granted" and substituting "comprised in the licence"; (c) by omitting from subsection (2)(b)(iii) "in respect of which it is granted" and substituting ", or category of minerals, to which the licence relates"; (d) by omitting from subsection (3) "over which the licence is granted" and substituting "comprised in the licence". 19Section 21 amended (Area of land comprised in exploration licence) Section 21 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "5 and 6" and substituting "3 and 5"; (b) by omitting from subsection (1)(b) "3" and substituting "6"; (c) by omitting subsections (2) and (3) and substituting the following subsections: (2) Land comprised in a licence may be either or both of the following: (a) the same size as, or smaller than, the area of land in respect of which the licence was sought; (b) different in shape from the area of land in respect of which the licence was sought. (3) An area of land comprised in a licence (the relevant licence) in respect of a mineral, or category of minerals, must not include an area which – (a) is the subject of a licence of any kind in respect of the same mineral, or category of minerals, other than a special exploration licence held by the person to whom the application for the relevant licence is granted; or (b) is the subject of a lease or an application for a lease; or (c) is the subject of an application for a retention licence in respect of the same mineral or category of minerals. 20Section 22 amended (Exploration licence for small areas) Section 22 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", under section 17 ," after "may"; (b) by inserting in subsection (2) "to which subsection (1) applies" after "A licence"; (c) by inserting in subsection (2) ", or category of minerals," after "mineral"; (d) by omitting subsection (3) ; (e) by omitting from subsection (4) "under this section." and substituting "to which subsection (1) applies.". 21Section 23 amended (Authority of exploration licence) Section 23(1) of the Principal Act is amended as follows: (a) by omitting "licensee" and substituting "holder of the licence, a person authorised by the holder of the licence, and a person acting under a contract of service, or a contract for services, with the holder of the licence"; (b) by inserting in paragraph (a) ", in accordance with the conditions of the licence," after "explore"; (c) by inserting in paragraph (a) ", or minerals within the category of minerals," after "minerals"; (d) by inserting in paragraph (b) ", in accordance with the conditions of the licence" after "purpose"; (e) by inserting in paragraph (c) ", in accordance with the conditions of the licence," after "land". 22Section 24 amended (Term of exploration licence) Section 24 of the Principal Act is amended as follows: (a) by inserting "or unless the term of the licence is extended under section 25 " after "earlier"; (b) by omitting from paragraph (b) "minerals." and substituting "minerals; or"; (c) by inserting the following paragraph after paragraph (b) : (c) for a period of 5 years from the date on which the application for the licence is granted, in respect of Category 5 minerals or Category 6 minerals. 23Section 25 amended (Extension of term of licence) Section 25 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "an exploration licence" and substituting "a licence"; (b) by omitting from subsection (4)(c) "work program" and substituting "program of work"; (c) by inserting in subsection (7) "to which an application under subsection (1) relates" after "A licence"; (d) by omitting from subsection (7)(b) "appeal." and substituting "appeal; or"; (e) by inserting the following paragraph after paragraph (b) in subsection (7) : (c) if the date on which the licence would, if the application were not granted, expire is a date later than the date on which a decision or order referred to in paragraph (a) or (b) occurs – the date on which the licence would expire. 24Section 26 substituted Section 26 of the Principal Act is repealed and the following section is substituted: 26Minimum expenditure (1) The Minister may, in relation to a licence, determine the minimum amount of money that the Director may require the holder of the licence to expend, in each 12-month period for which the licence is in force, in relation to exploration activities that are required by the work program in respect of the licence to be carried out. (2) The Director, by notice served on the holder of a licence, may specify – (a) the minimum amount determined by the Minister under subsection (1) in relation to the licence; and (b) that the holder of the licence is required to expend, in each 12-month period for which the licence is in force, in relation to exploration activities that are required by the work program in respect of the licence to be carried out, at least the amount specified in the notice under paragraph (a) . (3) The holder of a licence on whom a notice is served under subsection (2) must, in each 12-month period for which the licence is in force, expend, in relation to exploration activities that are required by the work program in respect of the licence to be carried out, at least the amount of money that is specified in the notice. (4) The Director may not specify in a notice under subsection (2) in relation to the holder of a licence a period, if the period is a period specified in a condition, of the kind referred to in section 18(2A) , that is imposed on the licence. 25Section 28 amended (Annual report) Section 28 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsections: (1) The holder of a licence is, in each year, to submit to the Director, by – (a) the anniversary, in that year, of the day on which the application for the licence was granted; or (b) a day, after that anniversary, specified under subsection (1A) in relation to the licence – a report (anannual report) in relation to the 12-month period immediately before that anniversary. (1A) The Director may, by notice in writing to the holder of a licence, specify a day for the purposes of subsection (1)(b) in relation to the licence. (b) by omitting paragraph (a) from subsection (2) and substituting the following paragraph: (a) be in accordance with the annual report guidelines; and (c) by omitting from subsection (2)(b) "financial year" and substituting "12-month period to which the report relates"; (d) by omitting paragraph (d) from subsection (2) and substituting the following paragraph: (d) give details of any work that is proposed to be undertaken under the licence in the future; and (e) by omitting from subsection (2)(e) "the Director requires" and substituting "that is specified in the annual report guidelines, or by the Director by notice in writing to the holder of the licence, as being required to be contained in the report"; (f) by omitting subsection (3) . 26Section 28A insertedAfter section 28 of the Principal Act , the following section is inserted in Division 2: 28AReturns (1) A licensee is to submit to the Director, within 28 days after the end of a quarter, a return (a quarterly return) in relation to the quarter. (2) A quarterly return is to be in the approved form, if any. (3) A quarterly return in relation to a licence is to – (a) specify the expenditure, during the quarter to which the return relates, on each category of exploration, under the licence, that is listed in the approved form, if any; and (b) specify the progress of the exploration program under the licence during the quarter; and (c) specify any rehabilitation, of the area of land comprised in the licence, that was undertaken during the quarter; and (d) contain any other information that is specified in the form, or by the Director by notice in writing to the lessee, as being required to be contained in the return. (4) A licensee, by the anniversary, in each year, of the date on which the application for the licence is granted, is to submit to the Director a return (an annual return) in relation to the 12-month period before that anniversary. (5) An annual return is to be in the approved form, if any. (6) The Director, by notice to a licensee, may require the licensee to submit to the Director, by the date or dates specified in the notice, the information specified in the notice as required to be submitted by the licensee. (7) A licensee must submit to the Director, by the date or dates specified in a notice to the licensee under subsection (6) , the information specified in the notice as required to be submitted by the licensee.Penalty: Fine not exceeding 50 penalty units.
(8) The information specified in an approved form, or a notice under this section, as required to be submitted by the licensee, may include an audited report. 27Section 30 substituted Section 30 of the Principal Act is repealed and the following section is substituted: 30Exploration without licence A person must not, on an area of land comprised in a licence, explore for minerals to which the licence relates, unless the person – (a) is the holder of the licence; or (b) is authorised by the holder of the licence to explore for the minerals; or (c) is exploring for the minerals under a contract of service, or a contract for services, with the holder of the licence; or (d) has obtained the written consent of the holder of the licence. Penalty: Fine not exceeding 100 penalty units.
28Section 32 amended (Application for transfer of exploration licence) Section 32 of the Principal Act is amended as follows: (a) by omitting subsection (4) and substituting the following subsection: (4) The Registrar, by notice in writing, is to notify of an application lodged under this section in relation to a licence any person who has lodged a caveat under Part 10 in relation to the licence. (b) by omitting from subsection (5) "so as to be received at least 14 days before the approval takes effect" and substituting "within 14 days after the application is lodged"; (c) by omitting subsection (6) and substituting the following subsection: (6) A person who has lodged a caveat under Part 10 in relation to a licence may, within 14 days after receipt of a notice under subsection (5) in relation to the licence, object to the Mining Tribunal against an application for approval to transfer the licence. 29Section 33 amended (Approval of transfer of exploration licence) Section 33 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) ", with or without conditions"; (b) by inserting the following paragraph after paragraph (a) in subsection (1) : (ab) refuse to approve the application until conditions specified by the Minister are satisfied; or (c) by inserting the following paragraph after paragraph (a) in subsection (2) : (ab) the conditions, if any, that must be satisfied before the Minister will approve the transfer; or 30Section 35 amended (Surrender of exploration licence) Section 35 of the Principal Act is amended by inserting after subsection (4) the following subsections: (5) If the Director approves an application on conditions, the Director, by notice in writing, is to notify the applicant when the Director is satisfied that all the conditions have been fulfilled. (6) If the Director approves an application, the licence, or the part of the licence, to which the application relates – (a) is, if the application is approved without conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (4) of the approval; or (b) is, if the application is approved with conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (5) that the Director is satisfied that all the conditions have been fulfilled. 31Section 37 amended (Term of consolidated exploration licence) Section 37(1) of the Principal Act is amended by inserting "application for the" after "which the". 32Part 2, Division 4: Heading repealed Part 2 is amended by omitting the heading "Division 4 — Special exploration licences". 33Part 2A: Heading insertedThe Principal Act is amended by inserting the following heading after section 37 : Special Exploration Licences 34Part 2A, Division 1: Heading inserted Part 2A of the Principal Act is amended by inserting the following heading before section 38 : Applications 35Section 38 amended (Application for special exploration licence) Section 38 of the Principal Act is amended as follows: (a) by inserting in subsection (2)(b) ", or category of minerals," after "minerals"; (b) by inserting in subsection (2)(e) "of activities under the licence" after "environment"; (c) by inserting the following subsection after subsection (3) : (4) A person may not apply for a licence in relation to an area of land – (a) to which a notice published under section 161E relates; or (b) if the person holds or held a special exploration licence in relation to the area of land for the same mineral, or category of minerals, as the mineral, or category of minerals, to which the application relates. 36Sections 38A and 38B insertedAfter section 38 of the Principal Act , the following sections are inserted in Division 1: 38APriority of applications (1) If more than one application is received for a licence in respect of all or part of the same land, the order of priority is as follows: (a) for applications received on different days, an application received on an earlier day has priority over an application received on a later day; (b) for applications received on the same day, the order of priority is as determined by the Director according to the relative merits of the applications; (c) for applications received on the same day which are determined by the Director to be of equal merit, the order of priority is as determined by a ballot conducted in an approved manner. (2) An application that has priority over any other application is to be determined without reference to any other application. (3) The Director is to notify an applicant – (a) that the application of the applicant has priority over any other application; or (b) that the application of another applicant has priority; or (c) if the priority of an application of the applicant has altered because another application is withdrawn or refused or has lapsed under section 38B . (4) The Registrar is to reject any application received later than 3 months after receipt of another application determined to have priority. 38BPending application (1) An application for a licence is pending from the day on which it is lodged until whichever of the following happens first: (a) the application is granted; (b) the application is refused; (c) the application lapses; (d) the application is withdrawn. (2) An application for a licence lapses – (a) 12 months after it is lodged, if it is not determined or withdrawn by that time; or (b) at a later date fixed by the Director, and notified to the applicant, if – (i) the failure to determine the application was not caused by a default of the applicant; or (ii) there is, in the opinion of the Director, a sufficient reason for fixing a later date. 37Section 39 amended (Recommendation of application for special exploration licence) Section 39 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "special exploration"; (b) by omitting from subsection (4) "special exploration"; (c) by inserting in subsection (4)(e) "of activities under the licence" after "environment". 38Section 40 amended (Objection to special exploration licence) Section 40(1) of the Principal Act is amended by omitting "special exploration". 39Sections 40A and 40B insertedAfter section 40 of the Principal Act , the following sections are inserted in Division 1: 40AAlteration of application, &c., before notice published (1) A person who has applied for a licence may, by notice to the Director, alter – (a) the application for the licence; or (b) the statement accompanying, in accordance with section 38(2)(c) or (e) , the application for the licence. (2) The alterations to an application for a licence that may be specified in a notice under subsection (1) include, but are not limited to including, alterations of – (a) the minerals, or the category of minerals, in respect of which the application is made; and (b) the area of land in respect of which the licence is sought. (3) A notice may only be given to the Director under subsection (1) before notice of the application is published under section 39(2)(b) (including publication of such a notice in accordance with section 41(2)(a) ). (4) An application altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 38 . 40BAlteration of application after objection (1) If the Mining Tribunal upholds an objection relating to a part of the land in respect of which an application for a licence is made, it may allow the applicant to alter the application by excluding that part. (2) An application for a licence altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 38 . 40Section 41 amended (Granting application for special exploration licence) Section 41 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "special exploration"; (b) by inserting in subsection (2)(b) "in respect of which the licence is sought" after "land". 41Section 41A insertedAfter section 41 of the Principal Act , the following section is inserted in Division 1: 41AWhen Minister may grant application (1) The Minister may only grant an application for a licence if the Minister is satisfied that the applicant – (a) has – (i) sufficient technical and financial resources; or (ii) obtained an agreement, contract, or other arrangement, with another person to ensure the provision of sufficient technical and financial resources – to enable the carrying out of the program of work in relation to the application for the first 2 years after the application for the licence is granted; and (b) is likely to have sufficient technical and financial resources to enable the carrying out of the program of work for the remainder of the period of the licence after the first 2 years after the application for the licence is granted. (2) The Minister may refuse to grant an application for a licence by an applicant if the Minister is of the opinion that the application ought to be refused because – (a) of significant, or repeated, breaches of this Act or the regulations by – (i) the applicant; or (ii) a person, authorised or employed by the applicant, who committed the breach, or breaches, in relation to activities under a licence of any kind, or a lease, of the applicant; or (b) the applicant has failed to comply with the conditions subject to which an application under this Act by the applicant for a licence of any kind, or a lease, was granted; or (c) the applicant has failed to substantially carry out as much of a work program, development plan, field development plan, or mining plan, in relation to a licence of any kind, or a lease, of the applicant, as ought reasonably be expected to have been carried out at the time the application is made. 42Section 42 amended (Conditions of special exploration licence) Section 42 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "special exploration"; (b) by inserting the following subsection after subsection (1) : (1A) Without limiting the generality of subsection (1) , the conditions that may be imposed include – (a) a condition as to the amount of money that is to be expended – (i) during the period in which the licence is in force; or (ii) during one or more periods, in which the licence is in force, specified in the licence – or both, for the purposes of, or in relation to, exploration under the licence; and (b) a condition requiring the completion of work programs in relation to the licence – (i) during the period in which the licence is in force; or (ii) during one or more periods, in which the licence is in force, specified in the licence – or both, for the purposes of, or in relation to, exploration under the licence. (c) by omitting subsection (3) and substituting the following subsection: (3) The Minister may vary the conditions of the licence by rescinding, adding, substituting or amending a condition. 43Section 42A insertedAfter section 42 of the Principal Act , the following section is inserted in Division 1: 42ARestriction on exploration on private land The holder of a licence, a person authorised by the holder of a licence, and a person acting under a contract of service, or a contract for services, with the holder of a licence, must not explore on private land within 100 metres of – (a) the surface of any natural lake, artificial lake, dam, reservoir, water-producing well, or artificial pond, part or all of which is on the land; or (b) any dwelling, or substantial building, on the land – unless the holder of the licence has the consent of the owner and of the occupier of the land to do so.Penalty: Fine not exceeding 100 penalty units.
44Part 2A, Division 2: Heading inserted Part 2A of the Principal Act is amended by inserting the following heading after section 42A : Special exploration licences 45Section 42B insertedBefore section 43 of the Principal Act , the following section is inserted in Division 2: 42BSpecial exploration licence (1) On granting an application for a licence, the Minister is to issue a special exploration licence. (2) A licence is to – (a) be in an approved form; and (b) include the following particulars: (i) a description of the area of land comprised in the licence; (ii) the total area of that land; (iii) the minerals, or category of minerals, to which the licence relates; (iv) the terms and conditions to which it is subject; (v) the period for which it is in force. (3) A licensee is to pay rent to the Crown in respect of the land to which the licence relates at a prescribed rate and in a prescribed manner. 46Section 43 substituted Section 43 of the Principal Act is repealed and the following sections are substituted: 43Authority of special exploration licence A licence authorises the holder of the licence, a person authorised by the holder of the licence, and a person acting under a contract of service, or a contract for services, with the holder of the licence, to explore, in accordance with the conditions of the licence, in the area of land comprised in the licence, for minerals, or minerals within the category of minerals, specified in the licence. 43ADuties under special exploration licence A licensee must – (a) carry out any exploration efficiently and effectively; and (b) carry out any exploration and rehabilitation of land consistent with the standards specified in any relevant Code of practice. 43BAnnual report (1) A holder of a licence is, in each year, to submit to the Director, by – (a) the anniversary, in that year, of the day on which the application for the licence was granted; or (b) a day, after that anniversary, specified under subsection (2) in relation to the licence – a report (anannual report) in relation to the 12-month period immediately before that anniversary. (2) The Director may, by notice in writing to a holder of a licence, specify a day for the purposes of subsection (1)(b) in relation to the licence. (3) The annual report is to – (a) be in accordance with the annual report guidelines; and (b) specify the amounts of money expended in respect of any exploration carried out during the 12-month period to which the report relates; and (c) contain a summary of the matters specified in section 187 (2) ; and (d) give details of any work that is proposed to be undertaken under the licence in the future; and (e) contain any other matter relating to the licence that is specified in the annual report guidelines, or by the Director by notice in writing to the holder of the licence, as being required to be contained in the report. 43CReturns (1) A licensee is to submit to the Director, within 28 days after the end of a quarter, a return (a quarterly return) in relation to the quarter. (2) A quarterly return is to be in the approved form, if any. (3) A quarterly return in relation to a licence is to – (a) specify the expenditure, during the quarter to which the return relates, on each category of exploration, under the licence, that is listed in the approved form, if any; and (b) specify the progress of the exploration program under the licence during the quarter; and (c) specify any rehabilitation, of the area of land comprised in the licence, that was undertaken during the quarter; and (d) contain any other information that is specified in the form, or by the Director by notice in writing to the licensee, as being required to be contained in the return. (4) A licensee, by the anniversary, in each year, of the date on which the application for the licence is granted, is to submit to the Director a return (an annual return) in relation to the 12-month period before that anniversary. (5) An annual return is to be in the approved form, if any. (6) The Director, by notice to a licensee, may require the licensee to submit to the Director, by the date or dates specified in the notice, the information specified in the notice as required to be submitted by the licensee. (7) A licensee must submit to the Director, by the date or dates specified in the notice to the licensee under subsection (6) , the information specified in the notice as required to be submitted by the licensee.Penalty: Fine not exceeding 50 penalty units.
(8) The information specified in an approved form, or a notice under this section, as required to be submitted by the licensee may include an audited report. 47Section 44 amended (Term of special exploration licence) Section 44 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "special exploration"; (b) by inserting in subsection (1) ", unless revoked or unless the term of the licence is extended under section 44A ," after "A licence is"; (c) by omitting from subsection (1) "it is granted" and substituting "the application for the licence is granted"; (d) by omitting subsection (2) and substituting the following subsection: (2) The Minister, under section 44A , may extend the term of the licence for any period, as long as the total term of the licence from the date on which the application for the licence is granted (including any period, after the licence expires, for which the licence remains in force under section 44A(7) ) does not exceed 10 years. 48Section 44A insertedAfter section 44 of the Principal Act , the following section is inserted in Division 2: 44AExtension of term of licence (1) A person may apply to the Minister for an extension of the term of a licence. (2) An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee; and (c) lodged with the Registrar before the licence ceases to be in force. (3) The Minister may – (a) subject to section 44(2) , grant the application for any further period the Minister determines and with or without conditions; or (b) refuse to grant the application. (4) The Minister must grant the application if the Minister is satisfied that – (a) the exploration to be carried out during the term of the licence has been completed; and (b) the licensee has submitted any report or return as required; and (c) the licensee has submitted a suitable program of work for the period of extension; and (d) further detailed exploration is justified because substantiated results indicate the probability of a discovery leading to profitable mining operations. (5) The Minister, by notice in writing, must notify the applicant of – (a) the grant of the application; or (b) the refusal to grant the application and the reasons for the refusal. (6) A licensee may, within 28 days after receipt of a notice under subsection (5)(b) in relation to an application, appeal to the Mining Tribunal against the Minister’s refusal to grant the application. (7) Subject to section 44(2) , a licence to which an application under subsection (1) relates remains in force until – (a) the Minister makes a decision under subsection (3) ; or (b) if an appeal is made under subsection (6) , the Mining Tribunal makes an order in relation to the appeal; or (c) if the date on which the licence would, if the application were not granted, expire is a date later than the date on which a decision or order referred to in paragraph (a) or (b) occurs – the date on which the licence would expire. 49Section 45 amended (Area of land comprised in special exploration licence) Section 45 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: (1) The area of land comprised in a special exploration licence in respect of a mineral or category of minerals is to be the area determined by the Minister and specified in the licence, which area may exceed the area specified in section 21(1) in respect of the category of minerals to which the mineral belongs, or the category of minerals, respectively. (1A) An area of land comprised in a licence in respect of a mineral must not include an area which – (a) is the subject of a licence of any kind in respect of the same mineral or category of minerals; or (b) is the subject of a lease or an application for a lease; or (c) is the subject of an application for a retention licence in respect of the same mineral or category of minerals. (1B) Land comprised in a licence may be either or both of the following: (a) the same size as, or smaller than, the area of land in respect of which the licence was sought; (b) different in shape from the area of land in respect of which the licence was sought. 50Section 45A insertedAfter section 45 of the Principal Act , the following section is inserted in Division 2: 45AExploration without licence A person must not, on an area of land comprised in a licence, explore for minerals to which the licence relates, unless the person – (a) is the holder of the licence; or (b) is authorised, by the holder of the licence to explore for the minerals; or (c) is exploring for the minerals under a contract of service, or a contract for services, with the holder of the licence; or (d) has obtained the written consent of the holder of the licence. Penalty: Fine not exceeding 100 penalty units.
51Part 2A, Division 3: Heading inserted Part 2A of the Principal Act is amended by inserting the following heading after section 45A : Dealings with special exploration licences 52Sections 45B , 45C and 45D insertedBefore section 46 of the Principal Act , the following sections are inserted in Division 3: 45BVariation of special exploration licence (1) The Minister, by notice in writing, with the approval of the licensee, may vary the licence by adding to, or reducing, the area of land comprised in the licence. (2) On the application of a licensee, the Minister, by notice in writing, may vary the licence by adding to, or reducing, the area of land comprised in the licence. (3) If a licensee fails to comply with, or contravenes, a provision of this Act or a condition of the licence, the Minister may vary the licence by – (a) changing or adding any condition; or (b) reducing the area of land comprised in the licence. (4) Before varying a licence, the Minister, by notice in writing served on the licensee, is to notify the licensee of – (a) the intent to vary the licence; and (b) the nature of the variation; and (c) the right of the licensee to make submissions in relation to the matter within a period specified in the notice. (5) A licensee may, within 28 days after the date of the Minister’s decision to vary the licence, appeal to the Mining Tribunal against the decision. (6) The variation of the licence takes effect – (a) if an appeal is not made under subsection (5) , 28 days after service of a notice under subsection (4) ; or (b) if an appeal is made under subsection (5) and the Mining Tribunal makes an order affirming the decision, 10 days after the date of the order. 45CApplication for transfer of special exploration licence (1) A licensee may apply to the Minister for approval to transfer a licence. (2) An application is to be – (a) in an approved form; and (b) accompanied by the executed instrument of transfer; and (c) accompanied by the prescribed fee; and (d) lodged with the Registrar within 28 days after the transfer is executed. (3) The Registrar may extend the period referred to in subsection (2)(d) if the Registrar is satisfied that it is reasonable to do so. (4) The Registrar, by notice in writing, is to notify of an application lodged under this section in relation to a licence any person who has lodged a caveat under Part 10 in relation to the licence. (5) A notice under subsection (4) is to be sent by certified mail within 14 days after the application is lodged. (6) A person who has lodged a caveat under Part 10 in relation to a licence may, within 14 days after receipt of the notice under subsection (5) in relation to the licence, object to the Mining Tribunal against an application for approval to transfer the licence. 45DApproval of transfer of special exploration licence (1) The Minister may – (a) approve the application for the transfer of a licence; or (b) refuse to approve the application until conditions specified by the Minister are satisfied; or (c) refuse to approve the application. (2) The Minister, by notice in writing, must notify the applicant of – (a) the approval of the application; or (b) the conditions, if any, that must be satisfied before the Minister will approve the transfer; or (c) the refusal to approve the application and the reasons for the refusal. (3) A transfer – (a) is of no effect unless approved by the Minister; and (b) takes effect, if approved, on the date of the approval. 53Section 46 amended (Revocation of special exploration licence) Section 46 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "special exploration" twice occurring; (b) by omitting from subsection (2) "special exploration" twice occurring. 54Section 46A insertedAfter section 46 of the Principal Act , the following section is inserted in Division 3: 46ASurrender of special exploration licence (1) A licensee may apply to the Director for approval to surrender a licence or part of a licence. (2) An application for approval to surrender a licence or part of a licence is to be – (a) in an approved form; and (b) accompanied by the licence; and (c) accompanied by the prescribed fee; and (d) lodged with the Registrar. (3) The Director may – (a) approve the application, with or without any conditions; or (b) refuse to approve the application. (4) The Director, by notice in writing, is to notify the applicant of – (a) the approval of the application; or (b) the refusal to approve the application and the reasons for that refusal. (5) If the Director approves an application on conditions, the Director, by notice in writing, is to notify the applicant when the Director is satisfied that all the conditions have been fulfilled. (6) If the Director approves an application, the licence, or the part of the licence, to which the application relates – (a) is, if the application is approved without conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (4) of the approval; or (b) is, if the application is approved with conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (5) that the Director is satisfied that all the conditions have been fulfilled. 55Section 47 amended (Application for retention licence) Section 47 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: (1) A person may apply to the Minister for a retention licence. (1A) A person may only apply under subsection (1) for a retention licence if – (a) the licence is to relate to both – (i) a mineral, or a category of minerals, specified in an exploration licence or lease; and (ii) any area of land comprised in that exploration licence or lease; and (b) the person is the holder of the exploration licence or lease or is a person to whom a consent under section 48(1) in relation to that licence or lease has been given by the holder of the licence or lease. 56Section 48 substituted Section 48 of the Principal Act is repealed and the following section is substituted: 48Holder of exploration licence or lease may permit other person to apply for retention licence (1) The holder of an exploration licence or a lease may, by notice in writing to another person, consent to the other person applying, either alone or in conjunction with the holder, for a retention licence that is to relate to both – (a) a mineral, or a category of minerals, specified in an exploration licence or lease; and (b) any area of land comprised in that exploration licence or lease. (2) A person to whom a notice of consent is given under subsection (1) is to provide the Registrar with a copy of that notice within 14 days of the date of the notice. 57Section 49A insertedAfter section 49 of the Principal Act , the following section is inserted in Division 1: 49APending application (1) An application for a licence is pending from the day on which it is lodged until whichever of the following happens first: (a) the application is granted; (b) the application is refused; (c) the application lapses; (d) the application is withdrawn. (2) An application for a licence lapses – (a) 12 months after it is lodged, if it is not determined or withdrawn by that time; or (b) at a later date fixed, and notified to the applicant, by the Director, if – (i) the failure to determine the application was not caused by a default of the applicant; or (ii) there is, in the opinion of the Director, a sufficient reason for fixing a later date. 58Section 52 substituted Section 52 of the Principal Act is repealed and the following section is substituted: 52Alteration of application after objection (1) If the Mining Tribunal upholds an objection relating to a part of the land in respect of which an application for a licence is made, it may allow the applicant to alter the application by excluding that part. (2) An application for a licence altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 47 . 59Section 53 amended (Granting application for retention licence) Section 53 of the Principal Act is amended as follows: (a) by inserting in subsection (2)(a) ", or the category of minerals," after "minerals"; (b) by inserting in subsection (3)(b) "in respect of which the licence is sought" after "land". 60Section 54 substituted Section 54 of the Principal Act is repealed and the following section is substituted: 54Restriction on exploration on private land The holder of a licence, a person authorised by the holder of a licence, and a person acting under a contract of service, or a contract for services, with the holder of a licence, must not explore on private land within 100 metres of – (a) the surface of any natural lake, artificial lake, dam, reservoir, water-producing well, or artificial pond, part or all of which is on the land; or (b) any dwelling, or substantial building, on the land – unless the holder of the licence has the consent of the owner and of the occupier of the land to do so.Penalty: Fine not exceeding 100 penalty units.
61Section 55 amended (Conditions of retention licence) Section 55 of the Principal Act is amended as follows: (a) by omitting subsection (3) and substituting the following subsection: (3) The Minister may vary the conditions of the licence by rescinding, adding, substituting or amending a condition. (b) by omitting from subsection (4) "or rescinding any condition" and substituting "the conditions"; (c) by omitting from subsection (4)(a) "condition" and substituting "conditions"; (d) by omitting from subsection (5) "the condition" and substituting "the conditions of the licence"; (e) by omitting from subsection (6) "a condition" and substituting "the conditions". 62Section 56 amended (Retention licence) Section 56 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "and on payment of the prescribed fee"; (b) by omitting from subsection (2)(b)(i) "over which it is granted" and substituting "comprised in the licence"; (c) by omitting from subsection (2)(b)(iii) "type of minerals in respect of which it is granted" and substituting "minerals, or category of minerals, to which the licence relates"; (d) by omitting from subsection (3) "over which the licence is granted" and substituting "comprised in the licence". 63Section 57 substituted Section 57 of the Principal Act is repealed and the following section is substituted: 57Area of land comprised in retention licence (1) The area of land comprised in a licence must not exceed – (a) for a licence relating to Category 1, 3 or 5 minerals, 10 square kilometres; or (b) for a licence relating to Category 2, 4 or 6 minerals, 50 square kilometres. (2) A licence of any kind or a lease is not affected by an application under section 47 for a licence. (3) On the granting of an application under section 47 for a licence in relation to a mineral, or a category of mineral, an area of land to which the application relates that is subject to an exploration licence in relation to the same mineral, or the same category of minerals, ceases to be subject to the exploration licence. (4) An area of land comprised in a licence in respect of a mineral or a category of minerals – (a) must not include an area which is the subject of a lease in respect of the mineral or category of minerals; and (b) must not include an area which is the subject of an application for a lease. (5) Land comprised in a licence may be either or both of the following: (a) the same size as, or smaller than, the area of land in respect of which the licence was sought; (b) different in shape from the area of land in respect of which the licence was sought. 64Section 58 amended (Authority of retention licence) Section 58(1) of the Principal Act is amended as follows: (a) by omitting "the licensee" and substituting "the holder of the licence,a person authorised by the holder of the licence, and a person acting under a contract of service, or a contract for services, with the holder of the licence"; (b) by inserting in paragraph (a) ", in accordance with the conditions of the licence," after "out"; (c) by inserting in paragraph (b) ", in accordance with the conditions of the licence," after "to". 65Section 59 amended (Term of retention licence) Section 59(1) of the Principal Act is amended by inserting "or extended under subsection (2) " after "earlier". 66Section 60A substituted Section 60A of the Principal Act is repealed and the following sections are substituted: 60AAnnual report (1) A holder of a licence is, in each year, to submit to the Director, by – (a) the anniversary, in that year, of the day on which the application for the licence was granted; or (b) a day, after that anniversary, specified under subsection (2) in relation to the licence – a report (an annual report) in relation to the 12-month period immediately before that anniversary. (2) The Director may, by notice in writing to a holder of a licence, specify a day for the purposes of subsection (1)(b) in relation to the licence. (3) The annual report is to – (a) be in accordance with the annual report guidelines; and (b) specify the amounts of money expended in respect of any exploration carried out during the 12-month period to which the report relates; and (c) contain a summary of the matters specified in section 187 (2) ; and (d) give details of any work that is proposed to be undertaken under the licence in the future; and (e) contain any other matter relating to the licence that is specified in the annual report guidelines, or by the Director by notice in writing to the holder of the licence, as being required to be contained in the report. 60ABReturns (1) A licensee is to submit to the Director, within 28 days after the end of a quarter, a return (a quarterly return) in relation to the quarter. (2) A quarterly return is to be in the approved form, if any. (3) A quarterly return in relation to a licence is to – (a) specify the expenditure, during the quarter to which the return relates, on each category of exploration, under the licence, that is listed in the approved form, if any; and (b) specify the progress of the exploration program under the licence during the quarter; and (c) specify any rehabilitation, of the area of land comprised in the licence, that was undertaken during the quarter; and (d) contain any other statistical information that is specified in the form, or by the Director by notice in writing to the licensee, as being required to be contained in the return. (4) A licensee, by the anniversary, in each year, of the date on which the application for the licence is granted, is to submit to the Director a return (an annual return) in relation to the 12-month period before that anniversary. (5) An annual return is to be in the approved form, if any. (6) The Director may, by notice to a licensee, require the licensee to submit to the Director, by the date or dates specified in the notice, the information specified in the notice as required to be submitted by the licensee. (7) A licensee must submit to the Director, by the date or dates specified in the notice to the licensee under subsection (6) , the information specified in the notice as required to be submitted by the licensee.Penalty: Fine not exceeding 50 penalty units.
(8) The information specified in an approved form, or a notice under this section, as required to be submitted by the licensee, may include an audited report. 67Section 60C substituted Section 60C of the Principal Act is repealed and the following section is substituted: 60CExploration without licence A person must not, on an area of land comprised in a licence, explore for minerals to which the licence relates, unless the person – (a) is the holder of the licence; or (b) is authorised by the holder of the licence to explore for the minerals; or (c) is exploring for the minerals under a contract of service, or a contract for services, with the holder of the licence; or (d) has obtained the written consent of the holder of the licence. Penalty: Fine not exceeding 100 penalty units.
68Section 61 amended (Variation of retention licence) Section 61 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", or a category of minerals," after "mineral"; (b) by inserting in subsection (2)(b) ", or a category of minerals," after "mineral"; (c) by inserting in subsection (3)(c) ", or a category of minerals," after "mineral". 69Section 62 amended (Application for transfer of retention licence) Section 62 of the Principal Act is amended as follows: (a) by omitting subsection (4) and substituting the following subsection: (4) The Registrar, by notice in writing, is to notify of an application lodged under this section in relation to a licence any person who has lodged a caveat under Part 10 in relation to the licence. (b) by omitting from subsection (5) "so as to be received at least 14 days before the approval takes effect." and substituting "within 14 days after the application is lodged."; (c) by omitting subsection (6) and substituting the following subsection: (6) A person who has lodged a caveat under Part 10 in relation to a licence may, within 14 days after receipt of a notice under subsection (5) in relation to the licence, object to the Mining Tribunal against an application for approval to transfer the licence. 70Section 63 amended (Approval of transfer of retention licence) Section 63 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) ", with or without conditions"; (b) by inserting the following paragraph after paragraph (a) in subsection (1) : (ab) refuse to approve the application until conditions specified by the Minister are satisfied; or (c) by inserting the following paragraph after paragraph (a) in subsection (2) : (ab) the conditions, if any, that must be satisfied before the Minister will approve the transfer; or 71Section 64 amended (Extension of term of retention licence) Section 64(6) of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "appeal." and substituting "appeal; or"; (b) by inserting the following paragraph after paragraph (b) : (c) if the date on which the licence would, if the application were not granted, expire is a date later than the date on which a decision or order referred to in paragraph (a) or (b) occurs, the date on which the licence would expire. 72Section 65 amended (Term of extended licence) Section 65(1) of the Principal Act is amended by inserting "or unless the term of the licence is extended under this section" after "earlier". 73Section 67 amended (Surrender of retention licence) Section 67 of the Principal Act is amended by inserting after subsection (4) the following subsections: (5) If the Director approves an application on conditions, the Director, by notice in writing, is to notify the applicant when the Director is satisfied that all the conditions have been fulfilled. (6) If the Director approves an application, the licence, or the part of the licence, to which the application relates – (a) is, if the application is approved without conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (4) of the approval; or (b) is, if the application is approved with conditions, surrendered on the date on which the Director gives to the applicant notice under subsection (5) that the Director is satisfied that all the conditions have been fulfilled. 74Part 3A insertedAfter section 67 of the Principal Act , the following Part is inserted: PART 3AProduction Licences Division 1Applications 67AApplication for production licence (1) A person may apply to the Minister for a petroleum production licence or a geothermal production licence. (2) A person may only apply under subsection (1) for a petroleum production licence if – (a) the licence is to relate to both – (i) the minerals specified in an exploration licence, or a special exploration licence, for Category 4 minerals; and (ii) any area of land comprised in that licence; and (b) the person is the holder of the exploration licence or special exploration licence or is a person to whom a consent under section 67B in relation to that licence has been given by the holder of the licence. (3) A person may only apply under subsection (1) for a geothermal production licence if – (a) the licence is to relate to both – (i) the minerals specified in an exploration licence, or a special exploration licence, for Category 6 minerals; and (ii) any area of land comprised in the exploration licence or special exploration licence; and (b) the person is the holder of the exploration licence or special exploration licence or is a person to whom a consent under section 67B in relation to that licence has been given by the holder of the licence. (4) An application under subsection (1) is to – (a) be in an approved form; and (b) specify the minerals, or category of minerals, in respect of which it is made; and (c) be accompanied by a statement specifying – (i) the production activities to be carried out under the licence; and (ii) a description of the area of land in respect of which the licence is sought; and (iii) the financial and technical resources available to the applicant; and (iv) an estimate of the proposed expenditure on activities under the licence; and (v) the likely impact on the environment of activities under the licence; and (d) be accompanied by a fee determined by the Minister; and (e) be accompanied by a plan of development or a plan of field development; and (f) contain any other details the Director requires; and (g) be lodged with the Registrar. (5) The Registrar or the Director or both may require an applicant to provide further information. 67BHolder of licence may consent to other person applying for production licence (1) The holder of an exploration licence, or a special exploration licence, in relation to a Category 4 mineral may, by notice in writing to another person, consent to the other person applying, either alone or in conjunction with the holder, for a petroleum production licence that is to relate to both – (a) the minerals, or category of minerals, specified in the exploration licence or special exploration licence; and (b) any area of land comprised in that licence. (2) The holder of an exploration licence, or a special exploration licence, in relation to a Category 6 mineral may, by notice in writing to another person, consent to the other person applying, either alone or in conjunction with the holder, for a geothermal production licence that is to relate to both – (a) the minerals, or category of minerals, specified in the exploration licence or special exploration licence; and (b) any area of land comprised in that licence. (3) A person to whom a notice of consent is given under subsection (1) or (2) is to provide the Registrar with a copy of that notice within 14 days of the date of the notice. 67CPending applications (1) An application for a licence is pending from the day on which it is lodged until whichever of the following happens first: (a) the application is granted; (b) the application is refused; (c) the application lapses; (d) the application is withdrawn. (2) An application for a licence lapses – (a) 12 months after it is lodged, if it is not determined or withdrawn by that time; or (b) at a later date fixed by the Director, if – (i) the failure to determine the application was not caused by a default of the applicant; or (ii) there is, in the opinion of the Director, a sufficient reason for fixing a later date. 67DRecommendation of application for production licence (1) The Director is to consider an application for a licence. (2) If the Director intends to recommend to the Minister that the application be granted, the Director is to – (a) notify that intention by notice in writing – (i) to the applicant; and (ii) as required by section 29 of the Native Title Act 1993 of the Commonwealth; and (b) publish a notice of that intention in a newspaper circulating in the relevant area. (3) A notice under subsection (2)(b) is to specify – (a) the name of the applicant; and (b) the area of land in respect of which the application is made; and (c) any other prescribed matter. 67EObjection to production licence (1) Any person with an interest or estate in land within the area specified in a notice published under section 67D(2)(b) may object to the granting of the application for a licence in respect of that land. (2) An objection is to – (a) be in writing; and (b) specify the grounds; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Registrar within 28 days after the date of the publication of the notice under section 67D(2)(b) . (3) An objection is to be heard and determined by the Mining Tribunal. 67FAlteration of application, &c., before notice published (1) A person who has applied for a licence may, by notice to the Director, alter – (a) the application for the licence; or (b) the statement accompanying, in accordance with section 67A(4)(c) , the application for the licence. (2) The alterations to an application for a licence that may be specified in a notice under subsection (1) – (a) include an alteration of the area of land in respect of which the licence is sought; but (b) do not include an alteration of the minerals, or the category of minerals, in respect of which the application is made. (3) A notice may only be given to the Director under subsection (1) before notice of the application is published under section 67D(2)(b) (including publication of such a notice in accordance with section 67H(2)(a) ). (4) An application altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 67A . 67GAlteration of application after objection (1) If the Mining Tribunal upholds an objection relating to a part of the land in respect of which an application for a licence is made, it may allow the applicant to alter the application by excluding that part. (2) An application for a licence altered under subsection (1) is, as so altered, to be taken to be the application as lodged under section 67A . 67HGranting application for production licence (1) After considering an application for a licence and any recommendation of the Director (but subject to any decision of the Mining Tribunal), the Minister may – (a) grant the application; or (b) refuse to grant the application. (2) If the Minister intends to grant an application for a licence contrary to the recommendation of the Director – (a) the Director is to notify that intention in accordance with section 67D(2) ; and (b) a person with an interest or estate in the land in respect of which the licence is sought is entitled to object in accordance with section 67E . (3) The Minister, by notice in writing, must notify the applicant of – (a) the grant of the application; or (b) the refusal to grant the application and the reasons for the refusal. 67IWhen Minister may grant application (1) The Minister may only grant an application for a licence if the Minister is satisfied that the applicant –